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NY C82194




December 18, 1997

CLA-2-95:RR:NC:SP:225 C82194

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0045

Mr. Joseph R. Hoffacker
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a spinning top from China

Dear Mr. Hoffacker:

In your letter dated November 21, 1997, received in this office on December 1, 1997, you requested a tariff classification ruling on behalf of your client S.R. Mickelberg Co., Inc.

Three items were submitted with your inquiry. The "Electra Top" is a plastic, battery operated, spinning top. The article features a multi-colored light display that is activated when the top is set in motion.

With respect to the "Spin Lite" and "Sport Lite" we are unable to offer a proper classification decision without knowing how the articles will be marketed for use. Advertising literature and/or retail packaging for each item is required for our review. When this becomes available you may resubmit your request for a binding ruling. If you should desire return of the sample please indicate this in your letter to us and include all other relevant information. Your samples are being returned as requested.

The applicable subheading for the "Electra Top" will be 9503.90.0045, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys: other: other toys and models. The rate of duty for 1997 and 1998 will be free.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alice J. Wong at 212-466-5538.

Sincerely,

Robert B. Swierupski
Director,

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